I 

114TH CONGRESS 

1ST SESSION H. R. 4308 

To establish the Commission to Study the Potential Creation of a National 

Museum of Asian Pacific American History and Culture, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 18, 2015 

Ms. MENG (for herself, Ms. BORDALLO, Mr. AL GREEN of Texas, Mr. HONDA, 

Ms. JUDY CHU of California, and Mr. TED LIEU of California) introduced the following bill; which was referred to the Committee on Natural 

Resources, and in addition to the Committee on House Administration, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

A BILL 

To establish the Commission to Study the Potential Creation 

of a National Museum of Asian Pacific American History 

and Culture, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Commission to Study 

5 the Potential Creation of a National Museum of Asian Pa6 cific American History and Culture Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) COMMISSION.—The term ‘‘Commission’’ 

4 means the Commission to Study the Potential Cre5 ation of a National Museum of Asian Pacific Amer6 ican History and Culture established by section 3(a). 

7 (2) MUSEUM.—The term ‘‘Museum’’ means the 

8 National Museum of Asian Pacific American History 

9 and Culture. 

10 SEC. 3. ESTABLISHMENT OF COMMISSION. 

11 (a) IN GENERAL.—There is established the Commis12 sion to Study the Potential Creation of a National Mu13 seum of Asian Pacific American History and Culture. 

14 (b) MEMBERSHIP.—The Commission shall be com15 posed of 8 members, of whom— 

16 (1) 2 members shall be appointed by the major17 ity leader of the Senate; 

18 (2) 2 members shall be appointed by the Speak19 er of the House of Representatives; 

20 (3) 2 members shall be appointed by the minor21 ity leader of the Senate; and 

22 (4) 2 members shall be appointed by the minor23 ity leader of the House of Representatives. 

24 (c) QUALIFICATIONS.—Members of the Commission 

25 shall be appointed to the Commission from among individVerDate Sep 11 2014 03:12 Dec 24, 2015 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4308.IH H4308

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1 uals, or representatives of institutions or entities, who pos2 sess— 

3 (1)(A) a demonstrated commitment to the re4 search, study, or promotion of Asian Pacific Amer5 ican history, art, political or economic status, or cul6 ture; and 

7 (B)(i) expertise in museum administration; 

8 (ii) expertise in fundraising for non9 profit or cultural institutions; 

10 (iii) experience in the study and 

11 teaching of Asian Pacific American history; 

12 (iv) experience in studying the issue of 

13 the representation of Asian Pacific Ameri14 cans in art, life, history, and culture at the 

15 Smithsonian Institution; or 

16 (v) extensive experience in public or 

17 elected service; 

18 (2) experience in the administration of, or the 

19 planning for, the establishment of, museums; or 

20 (3) experience in the planning, design, or con21 struction of museum facilities. 

22 (d) PROHIBITION.—No employee of the Federal Gov23 ernment may serve as a member of the Commission. 

24 (e) DEADLINE FOR INITIAL APPOINTMENT.—The 

25 initial members of the Commission shall be appointed not 


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1 later than the date that is 90 days after the date of enact2 ment of this Act. 

3 (f) VACANCIES.—A vacancy in the Commission— 

4 (1) shall not affect the powers of the Commis5 sion; and 

6 (2) shall be filled in the same manner as the 

7 original appointment was made. 

8 (g) CHAIRPERSON.—The Commission shall, by ma9 jority vote of all of the members, select 1 member of the 

10 Commission to serve as the Chairperson of the Commis11 sion. 

12 SEC. 4. DUTIES OF THE COMMISSION. 

13 (a) REPORTS.— 

14 (1) PLAN OF ACTION.—The Commission shall 

15 submit to the President and Congress a report con16 taining the recommendations of the Commission 

17 with respect to a plan of action for the establishment 

18 and maintenance of a National Museum of Asian 

19 Pacific American History and Culture in Wash20 ington, DC. 

21 (2) REPORT ON ISSUES.—The Commission shall 

22 submit to the President and Congress a report that 

23 addresses the following issues: 

24 (A) The availability and cost of collections 

25 to be acquired and housed in the Museum. 


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1 (B) The impact of the Museum on regional 

2 Asian Pacific American history-related muse3 ums. 

4 (C) Potential locations for the Museum in 

5 Washington, DC, and its environs. 

6 (D) Whether the Museum should be part 

7 of the Smithsonian Institution. 

8 (E) The governance and organizational 

9 structure from which the Museum should oper10 ate. 

11 (F) Best practices for engaging Asian Pa12 cific Americans in the development and design 

13 of the Museum. 

14 (G) The cost of constructing, operating, 

15 and maintaining the Museum. 

16 (3) DEADLINE.—The reports required under 

17 paragraphs (1) and (2) shall be submitted not later 

18 than the date that is 18 months after the date of 

19 the first meeting of the Commission. 

20 (b) FUNDRAISING PLAN.— 

21 (1) IN GENERAL.—The Commission shall de22 velop a fundraising plan to support the establish23 ment, operation, and maintenance of the Museum 

24 through contributions from the public. 


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1 (2) CONSIDERATIONS.—In developing the fund2 raising plan under paragraph (1), the Commission 

3 shall consider issues relating to funding the oper4 ations and maintenance of the Museum in perpetuity 

5 without reliance on appropriations of Federal funds. 

6 (3) INDEPENDENT REVIEW.—The Commission 

7 shall obtain an independent review of the viability of 

8 the plan developed under paragraph (1) and such re9 view shall include an analysis as to whether the plan 

10 is likely to achieve the level of resources necessary 

11 to fund the construction of the Museum and the op12 erations and maintenance of the Museum in per13 petuity without reliance on appropriations of Federal 

14 funds. 

15 (4) SUBMISSION.—The Commission shall sub16 mit the plan developed under paragraph (1) and the 

17 review conducted under paragraph (3) to the Com18 mittees on Transportation and Infrastructure, 

19 House Administration, Natural Resources, and Ap20 propriations of the House of Representatives and the 

21 Committees on Rules and Administration, Energy 

22 and Natural Resources, and Appropriations of the 

23 Senate. 

24 (c) LEGISLATION TO CARRY OUT PLAN OF AC25 TION.—Based on the recommendations contained in the 


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1 report submitted under paragraphs (1) and (2) of sub2 section (a), the Commission shall submit for consideration 

3 to the Committees on Transportation and Infrastructure, 

4 House Administration, Natural Resources, and Appropria5 tions of the House of Representatives and the Committees 

6 on Rules and Administration, Energy and Natural Re7 sources, and Appropriations of the Senate recommenda8 tions for a legislative plan of action to establish and con9 struct the Museum. 

10 (d) NATIONAL CONFERENCE.—Not later than 18 

11 months after the date on which the initial members of the 

12 Commission are appointed under section 3, the Commis13 sion may, in carrying out the duties of the Commission 

14 under this section, convene a national conference relating 

15 to the Museum, to be comprised of individuals committed 

16 to the advancement of the life, art, history, and culture 

17 of Asian Pacific Americans. 

18 SEC. 5. DIRECTOR AND STAFF OF COMMISSION. 

19 (a) DIRECTOR AND STAFF.— 

20 (1) IN GENERAL.—The Commission may em21 ploy and compensate an executive director and any 

22 other additional personnel that are necessary to en23 able the Commission to perform the duties of the 

24 Commission. 


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1 (2) RATES OF PAY.—Rates of pay for persons 

2 employed under paragraph (1) shall be consistent 

3 with the rates of pay allowed for employees of a tem4 porary organization under section 3161 of title 5, 

5 United States Code. 

6 (b) NOT FEDERAL EMPLOYMENT.—Any individual 

7 employed under this Act shall not be considered a Federal 

8 employee for the purpose of any law governing Federal 

9 employment. 

10 (c) TECHNICAL ASSISTANCE.— 

11 (1) IN GENERAL.—Subject to paragraph (2), on 

12 request of the Commission, the head of a Federal 

13 agency may provide technical assistance to the Com14 mission. 

15 (2) PROHIBITION.—No Federal employees may 

16 be detailed to the Commission. 

17 SEC. 6. ADMINISTRATIVE PROVISIONS. 

18 (a) COMPENSATION.— 

19 (1) IN GENERAL.—A member of the Commis20 sion— 

21 (A) shall not be considered to be a Federal 

22 employee for any purpose by reason of service 

23 on the Commission; and 

24 (B) shall serve without pay. 


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1 (2) TRAVEL EXPENSES.—A member of the 

2 Commission shall be allowed a per diem allowance 

3 for travel expenses, at rates consistent with those 

4 authorized under subchapter I of chapter 57 of title 

5 5, United States Code. 

6 (b) GIFTS, BEQUESTS, DEVISES.—The Commission 

7 may solicit, accept, use, and dispose of gifts, bequests, or 

8 devises of money, services, or real or personal property for 

9 the purpose of aiding or facilitating the work of the Com10 mission. 

11 (c) FEDERAL ADVISORY COMMITTEE ACT.—The 

12 Commission shall not be subject to the Federal Advisory 

13 Committee Act (5 U.S.C. App.). 

14 SEC. 7. TERMINATION. 

15 The Commission shall terminate on the date that is 

16 30 days after the date on which the final versions of the 

17 reports required under section 4 are submitted. 

18 SEC. 8. FUNDING. 

19 (a) IN GENERAL.—The Commission shall be solely 

20 responsible for acceptance of contributions for, and pay21 ment of the expenses of, the Commission. 

22 (b) PROHIBITION.—No Federal funds may be obli23 gated to carry out this Act. 

Æ 


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